Brazil`s new Forest Code

Transcription

Governments and
international agencies
should ensure that trade of
Brazilian agricultural and
forest products occurs only
when legally produced, and,
preferably, in accordance with
recognized sustainability
standards.
The financial sector
has a fundamental role as driver of change
and in promoting the use by rural producers
of better practices, through adoption of social
and environmental lending criteria.
Por que estamos aqui
Para frear a degradação do meio ambiente
e para construir um futuro no qual os seres humanos
vivam em harmonia com a natureza.
www.panda.org/amazon
© 1986 Símbolo Panda WWF
® “WWF” é uma marca registrada da rede WWF
Iniciativa Amazônia Viva e WWF Brasil
SHIS EQ QL 6/8, Conjunto E – CEP 71620-430, Brasília, DF – (55 + 61) 3364-7497
Buyers of commodities
and consumer companies should take on the
role of drivers for legal compliance in order to
avoid contamination in their supply chains,
and should use their conditions to support
the implementation of better practices and
zero net deforestation and degradation.
Engagement
of the international
community, the national
public sector, and the
private sector will
determine the success of
the Forest Code qualified
implementation.
Brazil’s new Forest Code: A guide for decision-makers in supply chains and governments
Brazil’s new Forest Code:
A guide for decision-makers in supply
chains and governments
GUIDE
BR
2016
1ª EDIÇÃO
Brasília, Brasil
2016
WWF-Brazil
Secretary-General
Carlos Nomoto
Head of Public policies and External relations
Henrique Lian
Head of Conservation
Mário Barroso
Coordinator of the Agriculture and Environment Program
Edegar de Oliveira Rosa
Coordinator of Communication
Cristiane Parmigiani
Editorial coordination of the publication
Jaime Gesisky
Original texts/authors
Frederico Machado (WWF-Brasil)
Kate Anderson (WWF-US)
Technical revision
Valmir Ortega
Editing
Maura Campanili/Nucleus of environmental content: Jaime Gesisky
Translation
Marcel Viergever
Contributors/thanks
Jean Timmers; Aline Figueiredo; Daniel Venturi; Aldem Bourscheit; Eduardo
Cavalcante; Vanessa Dick; Ivens Domingos; Keila Hand; Franklin Holley; Karina
Koloszuk; Anna Carolina Lobo; Maria F. L. Maia; David McLaughlin; Sandra
Mulder; Carlos Saviani; Jason Clay; Meg Symington; Mariana Napolitano.
Electronic editing and images processing
Supernova Design
Cover photo
@ Michel Gunter
Data of the International publications catalogue (CIP)
(Maurício Amormino Júnior, CRB6/2422)
M149n
Machado, Frederico.
Brazil’s New Forest Code: a guide for decision-makers in supply chains and
governments / Frederico Machado, Kate Anderson ; translations Marcel Viergever. –
Brasília (DF): WWF Brazil, 2016. – (WWF Report BR 2016).
60 p. : il. ; 21 x 29,7 cm
ISBN 978-85-5574-025-1
Includes bibliography
1. Brazil. [Forest Code]. 2. Forest Laws Brazil. I. Anderson, Kate. II. Viergeyer,
Marcel. III. Title. IV. Series.
CDD-346.81
Content
Introduction07
Summary08
Context12
Main components of the New Forest Code
16
Challenges and opportunities
22
Technical Supplement: The Main Components of the Forest Code 36
The Rural Environmental Registry (CAR) 38
Rural property 39
Glossary of Terms
54
Bibliography
56
57
Additional reading
p. 5
© WWF / ADRIANO GAMBARINI
2012
Deforestation
rates in te Amazon
reached their
lowest levels
since monitoring
started in 1980
Law 12.651
which is in force since 25
May 2012, with important
regulations approved in
2014 and others under
development
365 million
of native vegetation are
out of public protected
area. Most of it is under
the Forest Code protection.
p. 6
Introduction
Brazil’s new Forest Code (Law no. 12.651) has been in force since 2012. This Code
introduced new instruments that, once effectively implemented, allow for better
monitoring of land use which will be crucial in the combat against deforestation and
in ensuring environmental compliance, as well as in attaining Brazil’s goals with
respect to the reduction of greenhouse gas emissions.
The implementation of the forest law is a task that involves governments, businesses
and ordinary citizens and Brazil is making progress in putting the Forest Code into
practice. WWF-Brazil, in collaboration with WWF-US, decided to use its constructive
interaction with agricultural, livestock and forestry commodity supply chain actors,
into an engagement with this sector to firmly embrace the challenge ahead to ensure
compliance with the law.
It is for this reason that we published “Brazil’s New Forest Code, Guide for Decisionmakers in Supply Chains and Governments.
The document arrives at a moment that society is adapting to the Law’s new
requirements and seeking to comply with the legal deadline for registration of rural
properties into the federal registry, which is going to aggregate all information,
followed by the preparation and implementation of the Environmental Compliance
Programs and other mechanisms introduced by the law.
The Guide contains essential information and recommendations for decisionmakers and on opportunities for different actors. It includes a technical supplement
which provides access to the main aspects of the Forest Code and case studies with
experiences that may help to define actions.
Besides the efforts expected from government in making the instruments introduced
by the Forest Code fully operational and in ensuring compliance with the legal
deadlines, we strongly believe in the potential of the private sector to contribute to
this agenda and to further its implementation.
Enjoy reading
Carlos Nomoto
Secretary – General
p. 7
Summary
This document is intended to provide guidance to those who seek
to improve their understanding of this law, in particular, decisionmakers and supply chain actors who promote, regulate, produce,
consume, export or import Brazilian agricultural.
Summary
Brazil’s new Forest Code (Law nr. 12.651) has been in force since May
25, 2012, with important regulations approved in 2014 and others under
development. This document is intended to provide guidance to those who
seek to improve their understanding of this law, in particular, decisionmakers and supply chain actors who promote, regulate, produce, consume,
export or import Brazilian agricultural, livestock and forest commodities. To
encourage implementation of this law and production that is in compliance
with it, this guide presents a general overview of its key elements, the
main challenges ahead and the opportunities it offers to the national and
international private and public sectors.
Without the effective participation of decision-makers and supply chain
actors, it is unlikely that the new Forest Code will be fully and effectively
implemented. Therefore, we offer suggestions for commitments and other
actions that agribusinesses, banks, governments at all levels, farmers and
other stakeholders may take onto accelerate implementation of the new law.
We also provide sector-specific recommendations through case studies of
production chains important to the Brazilian economy: sugarcane, beef,
soybeans, and paper and pulp.
Public and private sector actors should consider Forest Code compliance a
first step towards responsible agricultural production, cattle ranching and
forestry. Within the law, new legal instruments were introduced, which may
lead to better environmental management and land use planning in Brazil.
Of particular relevance are the Rural Environmental Registry (CAR, the
acronym in Portuguese) and the Environmental Compliance Program (PRA,
the acronym in Portuguese) which envisions the reforestation, restoration or
offset of historically illegally deforested areas
This guide also provides suggestions for sound and effective implementation
of these legal instruments, including a proposal for Smart Compensation
from properties with deficits to properties localized in Priority Areas for
Conservation and Sustainable Use.
For agribusiness companies that buy Brazilian products, WWF’s message
is to work only with suppliers that comply with the law as a first step
towards a more comprehensive approach to responsible production.
The CAR is the mechanism for demonstrating compliance with the Forest
Code, but it may also be used to generate more robust commitments to
zero deforestation and certified production. The Rural Environmental
Registry identifies the property, its borders and its environmental
deficits. Producers, producer groups, and supply chain actors should
commit to reducing those deficits through legal compliance, and go
beyond.
p. 10
We recommend that financial institutions stimulate implementation of
CAR and PRA by offering more favorable credit conditions to landowners
who comply with, or go beyond what is required by law. In accordance
with Law No.12.651/2012, those landowners who failed to register their
property in the CAR will no longer have access to credit from financial
institutions, as of 2017.
Foreign governments are expected to guarantee that Brazilian
commodities are only imported when the legality of production can
be proven, and preferably, when the commodities comply with zero
deforestation commitments and recognized sustainability standards.
We also recommend that Brazil’s federal and state governments adopt
policies to accelerate and facilitate the implementation of the law. In
particular, greater operational capacity and technological integration
as well as the development of structural policies for restoration and
Smart Compensation are necessary. Further, the government should
facilitate conditions for transparency and define automated procedures
for monitoring and analysis (validation) of CAR and PRA. In addition,
the government should promote economic incentives for producers
who contribute to environmental conservation over and above what is
required by law.
The new Forest Code permits further deforestation1 of native habitats.
According to Soares-Filho et al. (2014), about 880,000 square kilometers are
still legally eligible for deforestation—that is equivalent to the land area of
France and the United Kingdom combined, or to the total combined land area
of the Brazilian States of Rio de Janeiro, São Paulo, Paraná, Santa Catarina
and Rio Grande do Sul. This despite the fact that Strassburg et al. (2014)
estimate that, through increases in productivity and restoration of degraded
lands, Brazil can increase the production of commodities without further
deforestation until at least 2040. Therefore, we recommend that private and
public sectors take on commitments including not only legal compliance but
also clear goals and a system of incentives that support the transition to a
highly productive rural economy with low levels of emissions, conservation of
biodiversity and ecosystems, and zero net deforestation and degradation.
1
The concept of deforestation used in the Guide refers to the conversion or removal of natural vegetation (forests or not),
and the vegetation in medium or advanced stages of recovery.
p. 11
Summary
Context
Although Brazil has had legislation in place
to protect forests since 1934, this has never
stopped deforestation. Pressure on native
habitats increased, in particular during the
1980s, as a result of agricultural modernization. During this period, the
Amazon lost more than 700,000 square kilometers, while the Cerrado lost
approximately 1 million square kilometers. It was only in the 1990s that
national and international pressure made deforestation a priority. Beginning
in 2004, with the implementation of a plan for the prevention and control
of deforestation in the Amazon, deforestation rates started to decline
significantly. In 2012, deforestation in the Amazon reached its lowest level
since monitoring began. However, similar efforts to prevent and combat
deforestation did not take place in other threatened biomes, such as in the
Cerrado, where the production of commodities continues through outright
expansion, making it the main driver for deforestation. Between 2009 and
2012, the annual deforestation rate in the Cerrado increased dramatically by
156%, from 2,989 km² to 7,652 km² (Soares-Filho et al. 2014) .
Despite the reduction in deforestation in the Amazon, recent data indicate the
need for maintaining the efforts. According to Prodes (the satellite monitoring
system of the Amazon Forest)—managed by the National Institute for Space
Research (INPE, the acronym in Portuguese), deforestation increased by 29%,
from 4,571 square kilometers to 5,891 square kilometers between August
2012 and July 2013 compared to the previous period. Although the numbers
for 2014 indicate a reduction by 18%, in absolute terms deforestation is still
greater than in 2012 by 4,844 square kilometers.
Figure 1 - Brazil Biomes
p. 12
© WWF / SERGIO AMARAL
WWF developed and advocates for the concept of
Zero Net Deforestation and Degradation (ZNDD)
This concept does not imply the simple ecological restoration of an area equivalent
in size to a deforested or converted area. Rather, zero net deforestation means that
primary or well-conserved ecosystems should not be deforested or converted for
agribusiness activities. It allows only for very low levels of conversion of ecosystems, or what is called residual deforestation, exclusively for maintaining the livelihoods and the subsistence of local communities. In order to offset this inevitable
deforestation, an area of the same size with equivalent social and environmental
characteristics should be restored. With net zero degradation, it is anticipated that
there will be no net decline in the quality of forests through human intervention or
degradation processes.
This concept of ZNDD is shared by other important international organizations,
both in civil society and the private sector. For example, the Consumer Goods
Forum, which brings together senior leadership of about 400 retailers, manufacturers, service providers, and other stakeholders across 70 countries, adopted ZNDD
for implementation in their supply chains by 2020. In addition, the concept is fully
compatible with the text of the New York Declaration on Forests1 and with a letter
by Brazilian civil society suggesting a roadmap to tackling deforestation entitled
Zero Deforestation and the Future of Brazil.2
Naturally, in an economy without deforestation, there should be a collection of public and corporate policies on the sustainable use of ecosystems that create and add
value to the products, such as drugs, cosmetics, food and timber. The enormous
market potential for payment for environmental services3 should also be considered. Brazil possesses an incredible natural heritage that will be crucial in times of
climate change and its conservation and sustainable use can and should advance
economic prosperity.
1
More information on: http://www.un.org/climatechange/summit/wp-content/uploads/sites/2/2014/07/New-YorkDeclaration-on-Forest-%E2%80%93-Action-Statement-and-Action-Plan.pdf
2
More information on: http://www.wwf.org.br/informacoes/sala_de_imprensa/?47802/Em-carta-aberta-ONGssugerem-caminhos-para-combater-o-desmatamento
3
Retribution, monetary or not, for conservation activities and improvement of ecosystems that generate –in isolation
or cumulatively- environmental services, such as those linked to water, carbon, biodiversity, scenic beauty, etc. More
information on: http://d3nehc6yl9qzo4.cloudfront.net/downloads/diretrizes_pnpsa__final.pdf
p. 13
Summary
Challenges of the Rural Environmental Registry – CAR
The approval of Law 12.651/2012 concerning the protection of native forests,
ordinarily called the new Forest Code, was the result of an intense debate and
negotiation process in society and in the National Congress.
Compliance with the Rural Environmental Registry (CAR, the acronym
in Portuguese2), the Code’s main legal instrument, is not yet complete,
partly because landowners in some regions still have concerns about CAR
registration. In this context, challenges, incentives, and even tangible market
support may become essential.
Here are some examples:
At the end of 2015, the Government informed that 60% of all rural areas
was already registered in the CAR. However, to include the remaining
40% is likely to be more challenging as it consists of the more resistant
producers. In addition, given the variable quality of already registered
data in the CAR, improvement of this data for subsequent stages in the
compliance process will also challenging.
Some modules of the SICAR system are still under preparation which
makes it all the more important to accelerate the process in order to
avoid delays in the analysis of existing data, monitoring and the implementation of the environmental compliance program.
Despite the recent
reduction in
deforestation in the
Amazon, illegality in
conversion of natural
biomes is still high
throughout the
country.
The federal and state governments missed the two-year deadline to
implement their Environmental Compliance Program (PRA). Three years
have passed and the majority of the states still have not implemented
their programs.
Rural sector leaders are already stating their desire to revise the
legislation, due to their disagreement with many aspects of the law. The
same is true for civil society organizations. Both movements may cause
legal insecurity and divert attention from what really matters, which is
the sound and effective implementation of the Forest Code.
© WWF / MICHEL GUNTER
2
The majority of acronyms in this guide are in Portuguese.
p. 14
© WWF / MICHEL GUNTHER
15
Main components of
the New Forest Code
Information on the Environmental Rural Registry (CAR), Areas of
Permanent Protection (APP) and Legal Reserves.
One of the innovative features of the new Forest Code is the CAR.
Registration is the basis for environmental regularization of farms. The goal
of the CAR is to provide an integrated database with information about each
property and their environmental situation that allows municipalities, states,
and the federal government to control, monitor and identify environmental
deficits, conduct environmental and economic planning, and combat
deforestation. The CAR will help landowners and possessors3 to protect
natural resources and improve the planning of their production
The CAR system (SICAR, the acronym in Portuguese) is a national electronic
system operated by the Ministry of Environment that provides highresolution satellite images that landowners can use to locate and register their
property. Implementation of the CAR is the responsibility of the states.
WWF strongly
supports the
concept of Smart
Compensation, wherein
priority conservation
areas—that is, those
in landscapes that
possess important
functional and
ecological attributes,
such as habitat
integrity, habitat for
endemic or endangered
species
The CAR should contain georeferenced information such as the location
of the property, its borders, as well as identification of Areas of Permanent
Protection (APPs), Legal Reserves and Areas of Restricted Use 4. An APP is a
protected area, covered by native vegetation or not, with the environmental
function to preserve water resources, landscapes, geological stability and
biodiversity, facilitate genetic flows of fauna and flora, protect the soil, and
ensure human wellbeing. Examples of APPs are as riparian areas, springs,
hilltops, mountain slopes, and mangroves.
Legal Reserves are portions of land that must be set aside in native habitat,
depending on property size and location. Legal Reserves ensure sustainable
economic use of natural resources, support conservation and provision of
ecological processes, and promote conservation of native fauna and flora.
The size of a Legal Reserve depends on where the property is located. For
example, an area of land within the “Legal Amazon”5 has size requirements
that differ from those of the rest of the country.
Legal Amazon
Forest
Cerrado
Grasslands
Rest of
Brazil
Legal Reserve
80%
35%
20%
20%
Productive Use
20%
65%
80%
80%
Land Use
3
Possessor, or a squatter, is a person who unlawfully occupies an uninhabited or unused land.
4
Areas of restricted use are swamps and Pantanal plains that require special regimes of sustainable use. This category also
includes areas with declivity between 25° and 45° where deforestation is prohibited.
5
The Legal Amazon covers the states of Acre, Pará, Amazonas, Roraima, Rondônia, Mato Grosso, Amapá and Tocantins as
well as the region west of longitude 44° W in the state of Maranhão.
p. 18
Figure 2 - Legal Amazon
Figure 3. Areas of Permanent
Protection
p. 19
Medium and large landowners and possessors (with areas larger than four
fiscal modules6) who deforested more than what was allowed before July
22, 2008,7 are obligated to take action. They must either restore their Legal
Reserves on the property itself or via an “offset” through a compensation
process in areas of equivalent size in the same biome. Compensation
options include: a) the Environmental Reserve Quota (CRA, the acronym
in Portuguese); b) a direct lease from another property owner8; or c) a land
purchase for or donation to the state or federal government of a private area
within a Conservation Unit.
If compensation is considered outside the state of the rural property’s
location, the law requires the federal government and the states to indicate
priority areas for compensation. WWF strongly supports the concept of
Smart Compensation, wherein priority conservation areas—that is, those
in landscapes that possess important functional and ecological attributes,
such as habitat integrity, habitat for endemic or endangered species, wildlife
corridors, carbon stocks, sources of water, or that have specific socioeconomic
importance—are used for compensation. These Priority Conservation Areas9
are officially identified by the Ministry of the Environment. WWF advocates
that landowners aggregate their offsets in those areas as this will allow for
the protection of relevant areas that would otherwise be eligible for legal
deforestation. For more information about WWF’s vision on this theme,
consult the supplementary technical document.10
Owners of APPs that have been converted may not use compensation to
become compliant and, instead, must restore the APP. Reforestation must be
completed within 20 years, with at least 10% of the total area rehabilitated
every two years. A formal plan describing how APPs and Legal Reserves
will become compliant must be developed and submitted with Terms of
Commitment (a legal document) and a validated CAR registration. This plan
will be part of the PRA. There are additional components (described in the
supplementary technical document) that need to be considered to ensure that
rural properties comply with the law.
6
The size of a fiscal module is established by law and varies form one region to another. Thus, the maximum size of a small
property varies, depending on the location, between 20 hectares and 44 hectares. Small properties were exempt from the
obligation to restore or offset legal reserve deforested before July 2008.
7
Landowners who deforested after this date, besides being obligated to restore the area, should respond for the
environmental crimes related.
8 Landowners interested in direct lease should put their RL surplus under an easement regime for at least 15 years and
limit the use of the area to the use allowed by law in a RL.
9
Priority Conservation Areas are identified by the Ministry of the Environment and the Secretary of Biodiversity and
Forests in consultation with society. More information on: http://www.mma.gov.br/biodiversidade/projetos-sobre-abiodiveridade/projeto-de-conserva%C3%A7%C3%A3o-e-utiliza%C3%A7%C3%A3o-sustent%C3%A1vel-da-diversidadebiol%C3%B3gica-brasileira-probio-i/%C3%A1reas-priorit%C3%A1rias.
10
In this document we present and discuss the main technical content of the Forest Code.
p. 20
© WWF / EDUARDO AIGNER
21
Challenges and
opportunities
Decisions that should be taken by public and private sectors in order
to promote a sound implementation of the Forest Code.
Brazil has some of the most biodiverse regions in the world, including the
Amazon, Cerrado, Caatinga, Atlantic Forest, Pantanal, and Pampa. Brazil
also has some of the largest reserves of freshwater – about 12% of global
freshwater – and a third of the world’s remaining tropical forests. One in
every 10 existing species of plants and animals is thought to live in these
regions (WWF Brazil).
This environmental heritage is under strong pressure from deforestation that
continues at disturbingly high levels. At the same time, the country contains
large areas of degraded or otherwise underutilized pastures with very low
levels of productivity. Estimates from the National Agricultural Research
Institute (EMBRAPA, the acronym in Portuguese) indicate that more than
70% of the 152 million hectares of pastures are to some degree degraded
or little productive (MAPA, 2013) . According to Strassburg et al. (2014)
more than 50% of all pastures in the Cerrado and more than 60% in the
Amazon biome are degraded. This situation suggests that potential economic
and environmental gains can be obtained just from the adoption of best
agricultural practices or the substitution of one type of production for another
without the need for new deforestation.
Engagement of the international community, the national public sector, and
the private sector will determine the success of Forest Code implementation.
Role of the International Community
Induce the implementation of the Forest Code through requiring
proof of legality
Governments and international organizations should ensure that Brazilian commodities and forest products are traded only when they are
produced legally and, preferably, in accordance with recognized sustainability standards and zero deforestation, much like the commitment
made by the Government of Norway.11
12%
Trading blocs should establish clear norms on the legality of production,
establishing penalties including fines and confiscation of merchandise
and vessels, among others. Existing commitments of this nature include
the U.S. Lacey Act (2008)12 and the timber regulation of the European
Union (2013)13, which should be strengthened and broadened to other
supply chains and become a benchmark for countries that consume Brazilian commodities, such as China and India.
of global freshwater
are in Brazil – and a
third of the world’s
remaining tropical
forests
11
More information on: http://www.denofa.no/admin/common/getImg.asp?FileId=1209
12 More information on: http://assets.worldwildlife.org/publications/735/files/original/WWF_Lacey_Fact_Sheet.
pdf?113830473.
13 More information on: http://barometer.wwf.org.uk/what_we_do/government_barometer/the_illegal_logging_issue/?_
ga=1.139004915.1345145792.1418144273
p. 24
International cooperation for the promotion of sustainable
production
The international community should support the implementation of
Brazilian laws that improve environmental management and land-use
planning. Recommended actions include, in collaboration with Brazilian
organizations, the creation of funds to support sustainability by strengthening Brazilian government agencies and civil society organizations;
payment for environmental services; and payment of a premium for sustainable certified production. An example of this type of initiatives is the
Amazon Fund, created through cooperation between Brazil and Norway.
Role of the Private Sector
(buyers and producers)
Implement sustainable purchase commitments
Companies that produce transform, purchase, trade and sell commodities should urge their suppliers to comply with the law to avoid contaminating their supply chains with products linked to illegal deforestation.
• S
upply chain actors along the value chain—from retailers to commodity
traders to processors—have started to use their influence with the
industry and farmers, mobilizing them to comply with the Forest Code.
For example, companies have helped establish international certification
standards and commodity roundtables, such as the Brazilian Roundtable
on Sustainable Livestock (GTPS, the acronym in Portuguese)14 , Bonsucro
(a certification system for sustainable sugarcane growers and processors),
the Round Table on Responsible Soy (RTRS), the Forest Stewardship
Council (FSC), and moratoriums on purchasing soy and beef from the
Amazon biome.
Companies that buy Brazilian products should also incorporate compliance with the Forest Code in their purchasing policies. These policies
should not be limited to legality but also include commitments to zero
deforestation, as well as principles and criteria of the aforementioned
roundtables and certification systems.
Commitment with the implementation of the Forest Code
Registration in the CAR: Supply chain actors should work with their
suppliers (mills, meatpacking plants, granaries, etc.) to support and
encourage landowners to register their land in CAR. Examples include
preferential purchasing, campaigns, trainings, partnerships with governmental agencies, and direct support for CAR registration.
Environmental Compliance Program and terms of commitment: Landowners and possessors who do not have the required APPs
and Legal Reserve areas set aside on their property are obligated to deve14
More information on: http://www.pecuariasustentavel.org.br/en/
p. 25
lop plans that describe how they will restore those areas, or compensate
for Legal Reserve areas and formalize those plans in an agreement (terms
of commitment) with state environment agencies.
• T
o that end, supply chain actors should develop incentives for rural
property holders to prepare ecological restoration and priority
compensation plans. They can do this by for example, preparating
guides and teaching materials, training producers and their
organizations, implementing ecological restoration models, supporting
the creation of regional restoration supply chains, and providing
commercial and economic incentives to create markets for Smart
Compensation. Should landowners opt for restoration of a Legal
Reserve during the compliance process, best practices for ecological
restoration 15 should be adopted, including measures to monitor
progress.16
Commit to deforestation-free supply chains through the
promotion of Zero Net Deforestation and Degradation
To attain zero deforestation as defined in the New York Declaration on
Forests, buyers of Brazilian agricultural, livestock and forestry products
should commit to:
• Purchase only from suppliers who fully meet Forest Code requirements,
taking into account the deadline of May 2016 and monitor compliance
plans for those with APP and LR deficits;
• I mplement measures that ensure that their supply chains meet zero net
deforestation and degradation objectives by 2020; and
• P
urchase only from supply chains that comply with certified responsible
or sustainable commodity standards that subscribe to the Credibility
Principles of ISEAL, a global association for sustainable standards which
include Bonsucro, FSC, roundtables on responsible soy and palm oil
(RTRS and RSPO).
Suppliers of Brazilian agricultural, livestock and forestry products
should commit to:
• Enroll property in CAR no later than May 2016; • M
aintain APPs or implement a plan to recover APPs based on ecological
restoration methods; • Maintain Legal Reserve areas at least as large as the percentages
established by the new Forest Code, or, in cases where landowners have
legal reserve deficits, establish plans to achieve compliance preferably
through restoration of native vegetation or Smart Compensation; and
15 The Water Brazil Program, a partnership between Banco do Brasil, WWF-Brasil, Fundação Banco do Brasil and
the Brazilian Water Agency, is one of the main references in ecological restoration in many Brazilian watersheds. More
information on: http://www.blogaguabrasil.com.br/agua-agricultura/
16 One of the most recognized Brazilian networks on ecological restoration is the Atlantic Forest Restoration Pact, which
offers on tis website a collection of publications and guides: http://www.pactomataatlantica.org.br/. Several organizations
have sound experience with respect to ecological restoration, e.g.: WWF-Brazil; Banco do Brasil; Embrapa; Esalq/USP; TNC;
CI; IPÊ; CEPAN; IIS; UnB; UFLA; UFPE; ISA; Fibria; Suzano; BNDES; and several others
p. 26
• R
efrain from measures that might promote expansion of agricultural
production into native habitats and adopt (preferably certified) best
practices.
Role of the Financial Sector
Establish sustainability policies and criteria with respect to credit
and investments that ensure compliance with environmental
legislation
Through adoption of social and environmental lending criteria, the
financial sector has a fundamental role as driver of change and in
promoting the use of best practices. Compliance with environmental
legislation as a requirement for credit would effectively serve as an
enforcement mechanism. The Forest Code establishes that, by 2017,
Brazilian banks are not allowed to provide credit anymore to producers
who did not register their lands in CAR.
The banking sector, therefore, should:
• Establish lending criteria that require compliance with Brazilian
environmental legislation. Specific types of credit or other financial
instruments should be developed for clients who opt for ecological
restoration, Smart Compensation, or zero deforestation;
• I mplement Resolution BC 4.327/2014 and clearly identify and manage
social and environmental operational risks, since this is an activity
subject to a risk management unit. It should also set sustainability goals
and timelines, and implement policies, standards, and procedures.
The Forest Code
establishes that, by
2017, Brazilian banks
are not allowed to
provide credit anymore
to producers who
did not register their
lands in CAR
• E
stablish employee performance assessment policies that not only take
into account volume of operations and short-term profit, but also assess
degree of decision alignment with sustainability policies, as well as short,
medium and long-term social and environmental impacts; and
• J oin the Banking Environment Initiative (BEI) and commit to the Soft
Commodities Compact, which seeks to align the banking industry with
the Consumer Goods Forum resolution to achieve zero net deforestation
by 2020. Two commitments are particularly important:
1. Finance the transformation of supply chains, and
2.Raise industry-wide banking standards and prioritize internal
mechanisms such that, by 2020, all corporate and investment
banking customers can verify that operations are consistent with
zero net deforestation.
p. 27
Role of the public sector
Accelerate implementation of the Forest Code while ensuring
public transparency and social control
The Brazilian federal and state governments should enact policies that
accelerate and guarantee effective implementation of CAR and PRA, such
as increasing the operational and technological capacity of state governments; developing ecological restoration policies, including Smart Compensation and the promotion of landscape connectivity, establishing the
conditions for transparency and access to information; engaging the civil
society and the agricultural and forestry sectors in the implementation of
the new Forest Code.
CAR Validation and Evaluation
In general, the State Environmental Agencies, which are the governmental
bodies responsible for CAR implementation, do not have sufficient financial
and technical capacity to deal with the volume of properties that will need
to be validated after CAR registration. In particular, there is a need for
quality control of registered land given that the accuracy of the information
submitted by landowners is not currently assessed in a robust way. A
Validation Module is being developed by the Brazilian Forest Service (SFB),
with support from the Federal University of Lavras17. We recommend that:
• The State Environmental Agencies (or the responsible state institutions)
should establish clear milestones with respect to registered properties
as well as deadlines for CAR validation. To accelerate that process,
standardization and automation will be fundamental. In addition to
assessing the borders of the property, evaluation must also take into
account the landscape within which the property is situated and optimize
connectivity between APPs, Legal Reserve areas and other environmental
features.
• The Federal government and the international community should provide
resources to support the State Environmental Agencies to increase their
operational capacity with respect to qualified staff, technology, equipment
and operating expenses at a level that is sufficient to meet demand.
17 The entire geotechnological base for the CAR system and its different modules are being developed in a partnership
between the Brazilian Forest Service and the Federal University of Lavras. Significant efforts are being made by both
institutions to the development of the concept, the structure and to the integration of data and systems of SICAR, as well as to
the training of state staff.
p. 28
Drainage systems
To ensure accuracy in the CAR Validation Module, a high-quality,
georeferenced database of watersheds, or catchments, is required, which is
not yet available in Brazil. Without this database, it is difficult to analyze the
riparian APP areas—that, by law, must be located on the borders of reservoirs,
rivers, springs, and ponds—which may result in negative conservation
outcomes. Without detailed satellite images of the watersheds, the ability of
the SICAR system to identify APP areas is constrained. Without vectorized
images, the CAR Validation Module will have difficulties to verify the
existence of drainage systems. In some cases, riparian APPs could be omitted
from registration and, consequently, the vegetation will remain unprotected.
Therefore, resources must be invested in the development of a nationwide
database of high-quality, vectorized watershed images18 that closely correspond
to the satellite images used in the CAR system in order to guarantee a minimum
of dislocation errors and ensure precise positioning of APPs.
Ensure the consolidation of SICAR as the system that integrates
state data
With respect to the development and implementation of the SICAR, it has
become a priority to strengthen the relation between the federal government and the states. A common understanding between all stakeholders
will be decisive in finalizing the current development phase and in starting analysis of registered data and implementation of the PRA.
State agencies responsible for environmental regulation should establish
clear milestones with respect to registered properties as well as deadlines
for CAR validation.
• State agencies and the Brazilian Forest Service should provide biannual
reports with summarized information on the number of properties
registered and validated (by municipality and state), problems identified,
system progress, challenges foreseen for the next period, etc.;
• T
he public should have ample access to the data registered in SICAR,
including a model to visualize georeferenced information about
individual CARs, such as polygons of each property, APPs, Legal
Reserves, areas of consolidated use, restricted use, and areas for
regeneration or restoration.
• There is a pressing need to develop independent tools for monitoring of
the implementation of the Forest Code, among which currently Inovacar19 is a good example.
18 With respect to initiatives that are underway, the Federal University of Lavras and Incra have a partnership to develop,
among other elements, shape files, based on high-resolution satellite images, of the drainage systems of all rural settlements
in the country. TNC and Imazon, have, in partnership with the state government of Pará developed similar initiatives in some
regions of the state.
19 Inovacar is a Conservation International initiative with support from WWF for observation and verification of and lesson
learning about CAR and environmental regularization. Its focus is on monitoring, exchange of experiences and the creation of
a space for constructive discussion between managers and technical staff of public entities and civil society. More information
at: http://www.inovacar.org.br/
p. 29
• P
arallel to SICAR, satellite deforestation monitoring systems should be
strengthened that include other Brazilian biomes and have the capacity to
detect with precision subtle changes in land use, including degradation.
Implement the Environmental Compliance Programs (PRA) in the
states
About 4 million properties currently do not have a sufficient amount of land
set aside for APPs and Legal Reserve areas—an area corresponding to a
minimum of 21 million hectares, of which 78% are Legal Reserve areas and
22% are APPs (Soares-Filho et al. 2014) . The PRA provides a unique opportunity to reverse part of the illegal deforestation that historically occurred in Brazilian biomes. As this constitutes one of the main opportunities in
the new Forest Code for environmental gains, this merits the development
of a good implementation strategy. From a geo-technological point of view,
it is vital to develop a PRA module that is linked with the CAR System in
order to allow for the monitoring of progress (at a minimum of 10% of the
total area rehabilitated every two years) in the implementation of the Terms
of Commitment of landowners with conservation deficits.
In the Amazon,
for example, it is
estimated that only
14% of privately owned
land has a legal title
The federal and state agencies had two years when the new Forest Code
came into effect to implement their environmental compliance programs.
More than three years have passed since the approval of the law and the
majority of the states still do not have any basis for making their programs operational. Further, SICAR does not even allow for validation of
registered data or adherence to PRA, given that these modules are under
development or being tested.
Adoption of actions that ensure the protection of forest remnants
and the recuperation of environmental deficits
Two initiatives are critical to ensure the protection of forest remnants
and to promote the recovery of degraded areas. First, Smart Compensation will encourage landowners to focus their compensation efforts on
areas of high conservation value. Second, a national policy for the restoration of native ecosystems20 would create a supply chain linked to forest
restoration. Such a policy could integrate several legal instruments with
the market to restore the millions of hectares required to comply with the
law and generate a dynamic forest economy21.
• Investments are required to update official maps of priority conservation
areas and areas for sustainable use. Similar efforts are needed to facilitate
a formal process through which producers may obtain or rent lands within
these priority areas and guarantee their protection 22;
20 In this context, the Ministry of Environment is, since 2013, developing, In consultation with sectors of society, an
interesting initiative, entitled Plan for the Recovery of Native Vegetation. There exist as yet no indication on when the plan will
in fact be implemented.
21 Different experiences in the country show that the costs for restoration of one hectare varies between R$10 and R$50
thousand, depending on the level of organization of the restoration chain (supply of seeds, seedlings, services, etc.) and applied
methods. Assuming costs of R$10,000 per hectare and taking only in consideration the deficit in APPs of approximately 4,6
million hectares, the operational costs for restoration would add up to R$46 billion.
22 More information can be obtained in the Technical Supplemental Document of this Guide.
p. 30
• T
he restoration supply chain should be strengthened in different regions
in the country, including sustainable management of planted areas in
order to obtain products with market value.
• Regional markets for forest products may yield an economic return
as Legal Reserves are restored. The public sector should invest in the
generation and dissemination of technical knowledge about best practices
for restoration at various levels for different sectors. Investments are also
necessary to expand producer trainings, develop technical and academic
courses, and improve public extension services for forestry.
Promote land tenure regulation and clear property rights
In Brazil, an estimated 1% of the population owns 45% of all land
(USAID 2010) . Land tenure insecurity complicates implementation of
the Forest Code. In the Amazon, for example, it is estimated that only
14% of privately owned land has a legal title (Council on Hemispheric
Affairs 2011) .
Strengthening of initiatives, such as the Terra Legal (Land Program),
is critical to promoting clear land tenure–whether in the Amazon
where the problem is most grave, or in the other regions of the country
where vulnerable groups continue to seek access to land and secure
property rights. Linking joint implementation of CAR and the Terra
Legal program would amplify conservation impacts, as has been realized states like Acre, with support of WWF.
CAR does not have the objective of land titling, which is the remit of
government land tenure agencies. Nonetheless, it is important that
information about land ownership be shared during CAR registration
in order to guarantee legal tenure security in the market for offsets of
Legal Reserve deficits.
p. 31
© Eduardo Aigner/WWF-Brasil
Case Study – Sugar Cane
Brazil is the largest sugarcane producer in the world, with 739 million tons in
2013. The majority of the production occurs in the states of São Paulo (55%),
Minas Gerais (10%), and Goiás (9%). There are areas planted in different
Brazilian biomes, including in the Atlantic Forest, which is one of the world’s
five most biologically diverse biomes and a WWF priority ecoregion. The
Atlantic Forest is one of the most threatened ecosystems in the world. It once
covered much of Brazil’s territory, but today it is extremely fragmented and has
been reduced to only 7% of its original footprint (WWF) .
WWF is a founding member of Bonsucro, a certification standard developed by
several stakeholders which and has certified 40 sugarcane mills representing
818,000 hectares in Brazil (or 7% of the sector). Legal compliance, including
compliance with the Forest Code, is one of the sustainability pillars of
Bonsucro, and WWF is working with other institutions to develop spatial maps
of priority areas in the Atlantic Forest for Smart Compensation. WWF, the
Banco do Brasil and other institutions are identifying and sharing with the
sector best restoration practices.
Recommendation: In order to ensure that legal, sustainable
sugarcane is being produced and purchased, downstream
consumers of sugarcane should engage their suppliers, including
sugarcane producers, and producer associations to identify
opportunities and incentives to become compliant with the Forest
Code and with best production practices, including the Bonsucro
certification.
p. 32
Case Study –Beef
A variety of initiatives, platforms and organizations in Brazil and beyond are working on
issues related to deforestation and best ranching practices, such as the GTPS (the Brazilian
Roundtable for Sustainable Beef), the GRSB (Global Roundtable for Sustainable Beef) and
the Leather Working Group. For example, the government is holding the beef industry more
accountable for unsustainable production practices through a new Conduct Adjustment
Agreement; the tannery sector established an environmental auditing protocol; and the
Brazilian association of supermarkets developed initiatives for sustainable purchasing.
Large meatpackers have been working to ensure that their supply does not come from
illegally deforested areas. Since 2009, Greenpeace has been working with the three biggest
meatpackers in Brazil—JBS, Marfrig and Minerva—to commit to avoid buying cattle from
properties linked to deforestation, legal or illegal, in the Amazon biome. These meatpackers
have implemented deforestation monitoring systems of their supply chains with a certain
degree of success. However, there have been reports of loopholes in the quality control
mechanism due to deficiencies of the Animal Transport Guide (GTA, the acronym in
Portuguese) (Datu Research, 2014).
Among the sector’s challenges are adding value to or establishing favorable conditions for
production without deforestation and in compliance with the law, as well as the question as
to how to influence other meatpackers and slaughterhouses not to purchase from sources in
recently deforested areas. At a minimum, suppliers should register their properties in the CAR
and, once their environmental deficits with respect to APPs and Legal Reserves have been
verified, submit their terms of commitment and ban the deforestation of native ecosystems.
Recommendation: Promote registrations of suppliers in the CAR and the
implementation of monitoring systems that ensure deforestation-free supply chains. In addition, stimulate the adoption of best agricultural and cattle
ranching practices, including the payment of a premium to producers with the
best production and environmental performance.
p. 33
© STORA ENSO
Case Study: Pulp and Paper
Brazil is the fourth largest producer of pulpwood in the world—15.1 million tons in 2013—and the largest
producer of paper and cardboard in Latin America—10.4 million tons in 2013 (IBÁ 2014) . There are 2.4
million hectares of industrial pulpwood plantations that are concentrated mostly in the states of Bahia,
Espírito Santo, Mato Grosso do Sul, Minas Gerais, São Paulo, and Paraná. These states have important
remnant areas of the Atlantic Forest and the Cerrado. As the sector plans to increase current production
from 15.1 million tons of pulp to about 22 million tons by 2020, the plantation area will also increase,
mainly for the production of industrial eucalyptus and pine. It is critical that this expansion be in already
converted areas, avoiding additional deforestation.
The majority of planted pulpwood plantations is certified by FSC, which, among other rigorous criteria
and sustainability indicators, requires compliance with legislation and prohibits conversion of natural
forests. In addition, the pulp and paper sector has made important contributions to conservation; the
area that has been restored and set aside is equivalent to the size of current productive plantations (the
total of APPs, Legal Reserves, and other protected areas). The pulpwood sector sets a national example
with respect to the large-scale implementation of best restoration practices with native vegetation. Many
of the sector’s conservation efforts align with the New Generation Plantations principles, including that
plantations should contribute positively to ecosystems and communities (NGP 2014) .
Recommendations: Considering that the quantity of wood sourced from small landholders
is likely to increase, one of the challenges is to support them in complying with the
Forest Code and certification. About 30% of pulpwood is currently sourced from local
smallholders enrolled in technical assistance and forestry promotion programs which
provide financial and/or technical resources.
Because FSC certification can be expensive for small landowners, pulp and paper
companies play an important role in facilitating group certifications and requiring
compliance with the law and criteria for restoration of deforested APPs and RLs. In
addition, expansion of productive areas should be restricted to already converted lands,
whether owned by the industry or by smallholders.
p. 34
Case study: Soybeans
Soybean producer groups and traders have committed to the Soy Moratorium, which has banned the purchase
of soybeans produced in deforested areas of the Brazilian Amazon since 2006. The Moratorium has been very
successful in the Amazon; since its implementation, it is estimated that deforestation directly caused by soy
cultivation in the Amazon is less than 1% of total deforestation. In contrast, soy cultivation has been one of the
main drivers of increased deforestation in the Cerrado.
The Soy Moratorium was renewed until 2016. The Soy Working Group (GTS, the acronym in Portuguese)—
comprised of soy industry, the federal government, NGOs and soy consumer companies—is developing new ways
to promote deforestation-free soy. Key concerns for the Soy Working Group include the effective implementation
of CAR and PRA, continuous improvement of best practices for soy production, development of economic
incentives, and continuation of zero deforestation in the Amazon biome.
The challenge faced by the Soy Working Group is clear: pressure to convert native ecosystems into productive
areas is again on the rise. There was an increase of 29% in deforestation in the Amazon between August
2012 and July 2013 and there is a strong tendency for new increases after September 2014. The completion of
construction of the BR 163 road (between Cuiabá and Santarém) will improve logistics. Access to the heart of
the Amazon and new large ports on the Tapajós river (the construction of which is being completed) will unlock
exports. Shipping capacity is expected to double to 20 million tons by the end 2015 and may reach 50 million
tons by 2020. Traders such as Bunge and Cargill are investing $2.5 billion on infrastructure projects in the
region. Archer Daniel Midlands, one of the largest exporters of soybean meal from Brazil, plans to double its
South American barge fleet and increase shipments from the port of Belém to 6 million tons in five years, from 1
million this year (Bloomberg 2014) .
Recommendations: Supply chain actors should support the GTS with the development of a
mechanism that recognizes and rewards the production of “deforestation-free” soy. A “greenlist”
of producers that did not deforest, not only in the Amazon biome but also in the Cerrado, could be
created in order to establish a mechanism for preferential purchase as well as other incentives.
In contrast to those who deforested illegally, the Ministry of the Environment (specifically, its
fiscalization arm, IBAMA) should embargo the property, what has been done, but partially.
Satellite monitoring for all soy municipalities should be continued. Environmental data
registered in the CAR, as well as information from other sources about land tenure, should be
integrated in the monitoring process in order to facilitate traceability. Similar monitoring and
interventions measures should be established in the Cerrado.
The continuous improvement of better production practices should be based on internationally
recognized standards for the production of responsible soy, such as the Round Table on Responsible Soy and Pro-Terra certifications.
p. 35
Technical Supplement:
The Main Components
of the Forest Code
The following material is intended to provide technical information
about each of the main Forest Code components and their specific
requirements.
Technical Supplement: The Main Components of the Forest Code
The Rural
Environmental
Registry (CAR)
The Rural Environmental Registry
(CAR, the acronym in Portuguese)1
is a mandatory national public
environmental registry for the
integration of environmental
information of all rural properties.
Registration in the CAR should
be done through the Rural
Environmental Registry System
(SICAR) which is part of the National Environmental Information System
(SINIMA), managed by the Ministry of Environment.
Based on information in the CAR, the SICAR constitutes a strategic database
to control, monitor and combat the destruction of forests and other forms of
native vegetation in the country and to facilitate environmental and economic
planning for rural properties. Data provided by the CAR will help to identify
deficits with respect to the areas legally required to be conserved, monitor
areas under restoration and, in general, contribute to the environmental
management capacity of the country.
Registration of a rural property into the CAR can be accomplished directly
through SICAR or through one of the integrated state systems. It requires
from the landholder or possessor the following information:
Identification of the landholder or possessor;
Proof of land title or possession;
The CAR will help to
identify environmental
deficits and monitor
areas under
restoration
Identification of the property through a map and written records, containing geographical coordinates with at least one point of reference for the
property’s perimeter and information about the location of remaining native vegetation, Areas of Permanent Protection (APP), Areas of Restricted
Use, consolidated areas and, if relevant, the location of Legal Reserves.
Registration in the CAR must then validated by the environmental agency
of the state where the property is located. Registration should be entered
in the state’s CAR registration module and then uploaded electronically to
the SICAR system. Users can download the registration module and upload
data regarding their land onto each state’s CAR website. Despite the primary
role of the state, implementation of the CAR is a shared responsibility of the
federal and state governments.
The national SICAR system website, http://www.car.gov.br/#/ provides
links to state systems. Some examples of states with active websites for the
registration of rural properties follow:
In São Paulo, the site is: http://www.ambiente.sp.gov.br/sicar/
In Mato Grosso do Sul, http://siriema.imasul.ms.gov.br
In Bahia, http://www.sistema.seia.ba.gov.br
1
Acronyms throughout this document are in Portuguese.
p. 38
Rural
property
Rural property is defined by laws
4.504/1964 (Land Statute) and 8.629/1993
as pastoral real estate, a continuous area
intended for agriculture, ranching or
forestry. The property may consist of one
or more parcels, and may even be located
in around an urban area if the holder pays
rural land tax (ITR).
Fiscal module
Based on property size (measured in “fiscal modules”), the new Forest Code
makes a distinction between landowners who are obligated to restore degraded
APPs and Legal Reserves. Fiscal modules reflect the minimal area necessary
in a given municipality for economic subsistence. They are measured in
hectares and, depending on the municipality, a fiscal module can vary from
5 to 110 hectares2. For instance, municipalities with large metropolitan
areas generally have fiscal modules that are much smaller than in regions
located further from urban centers. In many municipalities in the South and
Southeast of Brazil, the size of a small property is 20 to 40 hectares, while in
the North, a small property may be 350 to 400 hectares. The fiscal module
provides a parameter for the definition of the concept of family agriculture and
for the public policies for this type of agriculture.
Registration of small Properties
Properties with fewer than four fiscal modules benefit from a simplified
process for registration in the CAR. They are required to provide only:
Identification of owner or possessor;
Proof of ownership or possession; and
A sketch (rough map) of the property’s perimeter, the APPs, Legal
Reserve areas, easement areas, consolidated areas and restricted use
area, if any.
In this case, the state environment agency (or its delegated institution)
is responsible for registering the geographical coordinates in the SICAR.
The state government should also provide technical and legal support to
smallholders for CAR enrollment.
2
Imaflora made a list of fiscal modules in Brazil, their dimension by municipality, which can be accessed here: http://www.
imaflora.org/downloads/biblioteca/52a2105fba20amodulofiscal_br.xls.
p. 39
Areas of Permanent Protection (APPs)
APPs are areas that are physically and ecologically fragile—such as
riparian areas, springs, hilltops, mountain slopes, and mangroves—and are
characterized by the important environmental services they provide at a
landscape level, such as preservation of water resources, biodiversity, soil
protection, geological stability, and facilitation of gene flow3 of fauna and
native flora.
Different types of APPs, described in Article 4 of the new Forest Code, are
summarized in the following figure and tables.
Figure 1. Areas of Permanent
Protection and Legal Reserve
3
Gene flow (also known as gene migration) is the transfer of alleles or genes from one population to another.
p. 40
Table 1. Description of Areas of Permanent Protection
Watercourses
Riparian strips alongside any perennial and seasonal watercourse
must maintain the following minimum widths from the edge of the
channel:
30 meters for watercourses that are less than 10 meters wide
50 meters for watercourses that are 10 to 50 meters wide
500 meters for watercourses that are greater than 600 meters wide
Reservoirs
Areas surrounding lakes and natural reservoirs must maintain a
strip of:
100 meters, except for water bodies with less than 20 hectares of surface
area, which must maintain a strip of 50 meters
30 meters in urban areas where there are manmade lakes or reservoirs
Areas in the vicinity of perennial springs, regardless of topographical situation, must maintain a strip of:
A minimum radius of 50 meters
Plateaus, hilltops, mountains, ridges, mangroves
Areas with a slope of at least 45 degrees or higher must maintain native
habitat
APPs are areas that
are physically and
ecologically fragile—
such as riparian areas,
springs, hilltops,
mountain slopes, and
mangroves
Areas with salt marshes, dunes, or mangroves must maintain native
habitat
Areas up to the edge of plateaus must be maintained at not less than 100
meters from a horizontal projection
Areas on hilltops, mountains, and ridges with a minimum height of 100
meters and an average slope greater than 25 degrees must maintain native
habitat
All areas with an altitude exceeding 1,800 meters must maintain native
habitat
Areas along swamps and wetlands measured horizontally from the edge
of the flooded area must maintain a minimum width of 50 meters
p. 41
Consolidated Areas: dimensions of APPs
All APPs should be maintained by the landowner or possessor, whether an individual or public or private
entity. When unauthorized removal of vegetation has occurred, the landowner will be fined and obligated to
restore it. When APPs were deforested before July 22, 2008 (considered consolidated areas by the law), the
landowner receives amnesty from the fine on the condition that he or she signs an agreement (Terms of Commitment) to restore it.
Table 2: Restoration of riparian APPs by fiscal module
Size of the property
in fiscal modules
Recovery requirement*
Up to 1
Strip of 5 meters.
Between 1 and 2
Strip of 8 meters.
Between 2 and 4
Strip of 15 meters.
More than 4
Strip between 20 and 100 meters, as determined in the PRA
*According to the Forest Code, APPs along a natural waterway are measured from the edge of the regular
channel flow, regardless of the width of the watercourse.
Table 3: Transitional rules for the recovery of APPs in consolidated areas
Type of APP
Activities allowed
Restoration obligation
Vicinity of perennial
springs
Agricultural, forestry
and ranching activities;
ecotourism and rural
tourism
Strip with a minimal width of 15 meters
Around lakes and
ponds
Agricultural, forestry
and ranching activities;
ecotourism and rural
tourism
Strip with a minimal width of:
-5 meters for properties with up to one fiscal module
-8 meters for properties of 1-2 fiscal modules
-15 meters for properties of 2-4 modules
-30 meters for properties of more than 4 fiscal modules
None
Areas horizontally measured from the edge of flooded
areas to the widths of:
- 30 meters for properties of up to 4 fiscal modules
- 50 meters for properties of more than 4 fiscal modules
Wetlands (Veredas)
Observation: In addition, the law establishes that APPs in consolidated areas are limited to a fixed percentage of the total size of the property:
10% of the total area for properties of up to 2 fiscal modules
20% of the total area for properties between 2 and 4 fiscal modules.
Table 4: APP Transitional Rules for Riparian Area Restoration
Location of APP
Riparian width by fiscal module
Up to 1
1-2
2-4
Over 4
Along rivers
5 meters
8 meters
15 meters
20-100 meters
Along springs
15 meters
15 meters
15 meters
15 meters
Along lakes and ponds
5 meters
8 meters
15 meters
30 meters
30 meters
30 meters
30 meters
50 meters
Wetlands
p. 42
Legal Reserves
Legal Reserve (RLs) are areas located in a property with the function to
protect vegetation. They ensure the sustainable economic use of natural
resources, support the conservation and rehabilitation of ecological
processes, promote the conservation of the biological diversity, and provide
shelter and protection to wild fauna and native flora. All rural properties must
maintain a Legal Reserve area and register it in the CAR. Depending on the
biome in which the property is located, the new Forest Code, establishes the
following percentages for legal reserve:.
Table 5 – Legal Reserve percentage requirements by region
Land use
Forest
Legal Amazon
Rest of Brazil
Cerrado
Forest
Legal reserve
80%
35%
20%
20%
Productive use
20%
65%
80%
80%
The Legal Amazon covers 59% of Brazil and comprises the states of Acre,
Pará, Amazonas, Roraima, Rondônia, Mato Grosso, and Amapá as well as
regions north of latitude 13° S in the states of Goiás and Tocantins and west of
longitude 44° W in the state of Maranhão.
Location of Legal Reserves
When deciding the location of Legal Reserves in rural properties, the
following criteria must be considered:
The Legal
Amazon covers
59%
of Brazil
Connectivity and the creation of ecological corridors with other Legal
Reserves, APPs, Conservation Units, or any other legally protected areas;
The areas of greatest importance for biodiversity conservation;
The areas of greatest environmental fragility;
The watershed plan; and
Ecological-Economic Zoning (ZEE).
Legal Reserve Protection System
The landowner or possessor must maintain native vegetation cover on the
Legal Reserve. Forest management and the collection of timber and nontimber (fruits, vines, leaves and seeds) forest products is permitted as long
as harvesting periods and harvested volumes obey existing regulations
and observe maturation seasons and practices that do not jeopardize
conservation.
p. 43
Sustainable management of the vegetation in Legal Reserve areas may be
implemented in one of two ways:
LEGAL RESERVES ensure
the sustainable
economic use of
natural resources,
support the
conservation and
rehabilitation of
ecological processes,
promote the
conservation of the
biological diversity,
and provide shelter
and protection to wild
fauna and native flora
1.Sustainable management for non-commercial purposes:
Must be for consumption within the property itself;
May be implemented independently of authorization by responsible
agencies;
Must be declared to the environmental agency prior to activity and state
the reason and the volumes to be extracted, up to 20 cubic meters of
timber per year.
2.Sustainable management for commercial purposes4:
Requires a sustainable forestry management plan and authorization from
responsible agencies;
Should guarantee conservation of a diversity of species;
Should not disfigure the plant cover or harm conservation of native vegetation in the area; and
May involve the introduction of exotic species when the Legal Reserves
are under restoration, if plantings are interspersed with native species
and do not exceed 50% of the area.
4
WWF strongly recommends that management of forest products meet the standards established by recognized
institutions, in particular the Forest Stewardship Council (FSC), in order to guarantee sustainability of the activity. Brazil
already has large areas certified by FSC.
p. 44
Exceptions for Legal Reserve areas
in the Amazon
There are two exceptions for rural property owners in the Amazon that allow for a
reduction in the requirement to set aside 80% of the property as Legal Reserve:
1. Rural property owners or possessors who removed native vegetation on
up to 50% of the property in the Amazon in accordance with what was
previously allowed by law (until August 1996) will be exempt from recovering
or compensating the 80% required by the current law. Properties with more
than 50% of native vegetation in a Legal Reserve are not allowed to remove
this surplus but instead may put this surplus on offer to the compensation
market through, for example, CRA.
2. The Legal Reserve percentage can be reduced to 50% when:
a. The state has Ecological-Economic Zoning (ZEE) approved, over
65% of its territory is occupied by public conservation units and/or
approved indigenous lands, and when agreed by the state environment
council;
b. More than half of a municipality’s area is occupied by Conservation
Units or indigenous lands.
p. 45
Calculation of Legal Reserve Areas
The new Forest Code allows APPs to be included in the calculation of Legal
Reserve areas provided that:
The APP does not include the conversion of new areas;
The APP is currently under conservation or is in the process of restoration; and
The landowner has enrolled the property in the CAR.
Legal Reserves in Properties with Liabilities
Landowners who do not have the amount of Legal Reserve area required by
law may achieve compliance through adoption, individually or as part of a
group of landowners, of the following alternatives:
Restoration: on the property through natural regeneration or active
restoration;
Compensation: compensation outside of the property in an area of less
than or equal to the area of the Legal Reserve, as long as it is in the same
biome and preferably in the same state5. The property used for compensation should be registered in the CAR and covered by vegetation or in
the process of natural regeneration or restoration. Only the surplus in
Legal Reserve areas (the area that is above the percentage required by
law for the region) may be used for compensation. Compensation may be
done through:
• Acquisition of an Environmental Reserve Quota (CRA);
• Lease of an area in an environmental easement 6 or Legal Reserve; • Donation to the state or federal government of an area within a
Conservation Unit that has a land title and is in the process of legal
registration;
• Registration of an equivalent surplus area in the same biome, either held
by the same property owner or acquired from a third party, that has
the required set-asides of native vegetation or is under regeneration or
restoration.
5
The Law only allows for compensation outside the state in areas identified by the federal government or states as priority
areas.
6
An area of the property designated to conserve or recover environmental resources, which must be established for at least
15 years, as the Law 6,938/1981, Art. 90.
p. 46
Legal Reserve compliance options
Compensation outside of property
Native Vegetation restoration on property
On another property
Document: Car registration
and PRA implementation
On a Conservation Unit
Document: CU Donation Terms
Environmental Reserve Quota
Document: CRA terms
Lease
Document: Lease contract
Registration
Document: Title of Land Area
Figure 2, . Legal Reserve
compliance options
The restoration of the Legal Reserve area must be completed in 20 years, with
at least 10% of the total area rehabilitated every two years.
Rural properties of fewer than four fiscal modules, of which native vegetation
was cleared before July 22, 2008 and currently with an area of legal
reserve smaller than what is required by law, are not required to reforest
or compensate for those deficits. In contrast, properties of more than four
fiscal modules with vegetation cover deficits are obligated to use one or a
combination of the above listed alternatives for restoration or compensation.
p. 47
Smart Compensation in Priority Conservation Areas
Compensation is a new option for rural properties with Legal Reserve areas that do not meet
the requirements of the new Forest Code. About 4 million properties currently do not have
sufficient land set aside as Legal Reserve areas. The total deficit in Legal Reserves and APPs
corresponds to at least 21 million hectares, of which about 78%, or about 16.4 million hectares,
are Legal Reserve deficits (Soares-Filho et al., 2014) .
The new Forest Code establishes that compensation of Legal Reserves outside the state in which the property is located should be in priority areas identified by the federal or state governments. The new Forest Code provides the following definition for selection of priority areas for
Legal Reserve compensation (Art 66, § 7, law 12.651):
a. Recovery of watershed basins which have been excessively degraded;
b. Creation of ecological corridors;
c. Conservation of large protected areas; and
d. Conservation or recovery of threatened ecosystems or species.
WWF strongly supports the concept of “Smart Compensation,” which seeks to ensure conservation and benefits to society, through prioritization of compensation in ecosystems that are
currently underrepresented in Conservation Units, and also when it promotes the connectivity
and the maintenance of ecosystem services between landscapes. For those rural properties
that maintain native vegetation cover, the mechanism adds economic value to areas with high
environmental relevance and reduces incentives for clearing native vegetation given that conserved areas would effectively become an economic asset.
p. 48
From an environmental point of view, WWF believes that compensation in priority conservation areas can, in certain cases, be a better option than restoration. For example, this can
be the case when restoration is undertaken:
a. In very small areas without the adoption of criteria or adequate technical
practices for the restoration of ecosystems;
b. Without the use of native species or the planning of ecological succession;
c. Without connectivity between remnants of native vegetation;
d. In areas that suffer from spillage of pesticides; or
e. In areas disturbed by livestock.
In many other cases, WWF considers restoration to be the most appropriate option, especially in regions that show risk of ecosystem collapse1 (stressed water resources, pollinator
decline, and low species diversity), and provided that best ecological restoration practices
are applied.
Some producers, especially on established farms, may prefer compensation rather than
restoration due to opportunity costs of land with consolidated production or in areas with
high real estate value. In addition, relevant challenges in restoration includes costs (usually
higher than US$3,000 per hectare) and technical demands, including supply of seeds and
seedlings, and planning, planting and implementation. Smart Compensation, on the other
hand, allows property owners or possessors to maintain consolidated areas for agricultural
production or ranching and to direct compensation to the conservation of areas with significant ecosystem value.
In the case of compensation in extant Conservation Units (UCs), WWF understands that
priority should be given to areas facing significant land-use conflicts2. In other cases, WWF
believes that the costs for titling UCs should be covered by different means and borne by the
various federal, state or municipal entities responsible for their creation. For example, cost
recovery could be achieved through budgetary solutions or environmental compensation
from the licensing of construction works. Compensation as established in the Forest Code
should not happen arbitrarily but be based on prioritization of the most vulnerable conservation areas, with high levels of conflict, deforestation pressure and biological importance.
In 2007, the Ministry of Environment, in consultation with different sectors of society, produced and published an official map of all Priority Conservation and Sustainable Use Areas
in the country3. The definition of priority areas is based on the broad evaluation of biological and ecological attributes, such as biological diversity, habitat integrity and resilience,
ecological corridors, occurrence of endemic, endangered and migratory species, and carbon
stocks. Priority areas also take into account a combination of socioeconomic criteria and an
assessment of vulnerability and urgency of conservation actions, due to demographic pressure, and expansion of urban areas and of agribusiness or economic activities in general.
This map should be updated every five years.
1
It is important to stress that there are priority areas in this situation. Hence, when compensation is directed towards these areas,
it will be linked to best practices for ecological restoration of local ecosystems.
2
ICMBIO, WWF-Brazil and other organizations have information about Conservation Units in this situation. A debate about this
information could be an incentive for the preparation of a comprehensive list.
3
Available here: http://www.funbio.org.br/wp-content/uploads/2012/08/areas_prioritarias_mar07_v21.pdf
p. 49
Several states prepared their own maps that, because of their scale, use more refined data.
While this allows for more detailed analysis, it impedes a biome-wide perspective. From
WWF’s perspective, if the states followed a methodology more similar to the federal government, then priority areas defined in these more-detailed maps could be used as a supplementary reference.
Priority areas may also be established based on specific characteristics or their relevance in
particular landscapes. For example, maps may be prepared with a focus on water resources,
carbon, biodiversity, ecological restoration, ecological corridors, and social and cultural
aspects.
Figure 6: Priority conservation areas in Brazil
p. 50
Next steps for Smart Compensation
Along with other organizations and researchers, the federal government and some
states, WWF-Brazil is supporting efforts to update priority conservation areas maps. 4
Beyond the maps, WWF-Brazil recommends that:
a) Federal government, state governments and the federal district focus
on Smart Compensation as a key mechanism for regulation and action plans for the
implementation of PRA, and on the incorporation of this concept in other public
policies, such as the national plan for the restoration of native vegetation (Planaveg),
plans of action on Brazilian biodiversity goals, the ABC program, municipal plans for
the Atlantic Forest, etc.
b) Agribusiness corporations develop strategic plans for the implementation
of Smart Compensation that, for example, identify groups of producers with environmental deficits interested in joint compensation and direct compensation efforts
towards priority areas (through support for land-title assessment and land value
negotiation), and develop commercial incentives that benefit these producers.
c) Commercial businesses create market mechanisms that facilitate Smart Compensation by simplifying land purchasing and selling procedures (or lease and CRA,
as established in the Forest Code), with clear, step-by-step procedural instructions
and an explanation of guarantees and legal certainty of transactions5 avoiding areas
with land conflicts.
d) Legislators, the executive branch and the private sector directly or
indirectly involved in agribusiness (including the financial sector) establish economic
instruments, such as specific credit lines with more favorable conditions, tax exemptions and returns (ICMS Ecológico or a Green Income Tax), favorable land tax (ITR),
preferential purchase of production, payment for environmental services, etc.
e) All sectors of society, in particular landholders, transform Priority Conservation Areas—once they have been compensated—into conservation areas to ensure their conservation over the long term. Options for privately owned land include the
creation of Private Natural Heritage Reserves (RPPNs) or the creation, in dialogue
with the public sector, of Natural Monuments, Wildlife Refuge, or Areas of Relevant
Ecological Interest. Landholders can also donate land for the creation of conservation
areas managed by the federal and state governments, including the federal district or
municipal governments.
4
Although official, some maps are outdated (from 2007), while others were already updated (in the case of the Cerrado)
or in the process of being updated. For the Amazon, for example, a new and better version should utilize the Systematic
Conservation Planning method. There are also maps prepared by states that may be of relevance in a wider analysis and
others with a focus on a specific aspect, as mentioned in this document
5
The mechanism being used by BVRio may provide an interesting example for the compensation of properties located in
Conservation Units, even though the concept behind this initiative differs partly from compensation in priority areas
p. 51
Restricted Use Areas (AURs)
The new Forest Code defined Restricted Use Areas (AURs) in articles 10 and
11, as follows:
I. In the Pantanal and other wetlands, ecologically sustainable use is
allowed, as long as technical recommendations of official research
entities are taken into account and the removal of native vegetation
is authorized by the state environment agency.
II.In areas with a slope between 25 and 45 degrees, the law allows
sustainable forest management, agricultural, ranching and forestry
activities, including the necessary physical infrastructure, as long
as best agronomic practices are applied. Conversion of new areas is
not allowed, except in cases of public utility.
Compliance: Penalties, Legal Action, Fines, and Amnesty
The new Forest Code (paragraphs 4 and 5 of Art. 59) establishes that there
will be no legal action for offenses committed before July 22, 2008, with
respect to the illegal removal of vegetation in APPs, Legal Reserve areas and
AURs, provided that the landowner has registered his or her lands in the CAR
and has signed and is fulfilling the Terms of Commitment (or has adhered
to PRA). Once the Terms of Commitment are signed or the landowner
has enrolled in PRA, penalties and fines are waived and redirected to the
provision of conservation services, including improvement and recuperation
of the quality of the environment and registration of consolidated areas, as
defined in the PRA. If the landowner does not comply with the provisions
identified in the Terms of Commitment, the penalties will be reinstated. Fines
and penalties for offenses committed after July 22, 2008, are still in full
effect.
p. 52
53
Glossary of Terms
Glossary of
Terms
Atlantic Forest: One of the world’s five most biologically diverse biomes and a WWF
priority ecoregion. The Atlantic Forest is one of the most threatened ecosystems in
the world today, as it is extremely fragmented and has been reduced to only 7% of its
original footprint.
BVRio: Bolsa Verde do Rio de Janeiro, or the Rio de Janeiro Brazilian Environmental
Exchange, which aims to provide market solutions for Legal Reserve compensation.
Cerrado: Covering more than 20% of Brazil, the Cerrado is a wooded grassland with
diverse vegetative characteristics and more than 1,600 species of mammals, birds, and
reptiles. The Cerrado is one of the most threatened and over-exploited regions in Brazil,
second only to the Atlantic Forest in vegetation loss and deforestation.
Conservation Units: To conserve areas with high biological diversity, the Brazilian
government has invested in a network of protected areas—or Conservation Units—
which are divided in two main categories: (1) protected areas, such as parks and
biological reserves; and (2) areas for sustainable use, such as national forests, extractive
reserves, and sustainable development reserves.
Consolidated Rural Area (ARCs): An area with human occupation before July,
22, 2008, with buildings and infrastructure or agroforestry and ranching activities,
including fallow periods.
Environmental Compliance Program (PRA): Program that defines the activities
to be implemented within or outside the rural property to comply with the Forest Code,
including the conservation, reforestation or restoration of APPs, Restricted Use Areas,
as well as the compensation of Legal Reserve areas.
Environmental Reserve Quotas (CRAs): The Forest Code establishes that when
a property has more natural vegetation than the minimum required, the landowner
has the right to emit bonds for that surplus and trade them on a futures market. In
accordance with the law, each CRA corresponds to one hectare of vegetation.
Fallowing: The practice of temporarily suspending agricultural uses, livestock
production, or forestry for a maximum period of five years to allow for physical recovery
of soil.
Forest Stewardship Council (FSC): WWF considers the FSC the most credible
certification system to ensure environmentally responsible, socially beneficial, and
economically viable management of forests.
July 22, 2008: The new Forest Code references this date, when Decree 6.514, which
regulates the 1998 Law of Environmental Crime, was published. The Degree deals with
p. 54
environmental infractions and administrative penalties and establishes the federal
administrative process for investigating these infractions.
National System of the Rural Environmental Registry (SICAR): The
nationwide electronic system for managing environmental information on rural
properties.
Perennial Spring: A spring that flows naturally above ground throughout the
year.
Priority Biodiversity Conservation Areas: Landscapes officially identified
by the Ministry of the Environment for their important functional and ecological
features, such as habitat integrity, habitat for endemic or endangered species,
wildlife corridors, carbon stocks, and sources of water, or specific socioeconomic
factors.
Private Natural Heritage Reserves (RPPNs): Incorporated into national
legislation in 2000, RPPNs are a Conservation Unit created voluntarily by the
rural landowner, without expropriation of land, based on his or her commitment to
permanently conserve nature.
Restoration: The science, practice and art of supporting and managing the
recovery of ecosystems’ ecological integrity, including a minimum level of
biodiversity and variability in the structure and functioning of ecological processes,
taking into consideration their ecological, economic and social value.
Rural Environmental Registry (CAR): The central tool for rural properties
to become compliant with Forest Code requirements. All rural property owners
must register their lands in CAR, including the location of APPs, Legal Reserves,
and other elements. CAR is regulated by the National System of Information on the
Environment (SINIMA).
Sketch: A rough map or simplified representation of the geographical location of
the rural property that will be geo-referenced with satellite images made available
through SICAR. It should include the location of remaining native vegetation,
easements, APPs, Restricted Use Areas, consolidated areas, and Legal Reserves.
Soy Moratorium: An agreement that bans the purchase of soybeans produced in
deforested areas of the Brazilian Amazon. The 2006 agreement has been renewed
until December 2014, when it is expected to be replaced by a mechanism developed
by the Soy Working Group (GTS), a body of Brazilian and international stakeholders
largely focused on operationalizing the Rural Environmental Registry (CAR), PRA
implementation, continuous improvement, and controlled rates of deforestation.
Terms of Commitment: A formal document signed by the rural landowner
in which he or she commits to redress the environmental deficit of the property,
including, at least, commitments to conserve, reforest or restore APPs, Legal
Reserves and Restricted Use Areas. Legal Reserve areas may be restored or
compensated.
p. 55
Bibliography
Bibliography
About Brazil: A biodiversity treasure like no other. WWF-Brazil. Available on: http://
wwf.panda.org/who_we_are/wwf_offices/brazil/about_brazil/.
B. Soares-Filho, R. Rajao, M. Macedo, A. Carneiro, W. Costa, M. Coe, H. Rodrigues,
A. Alencar. Cracking Brazil’s Forest Code. Science, 344 (6182): 363 DOI: 10.1126/
Science.1246663, 2014.
Bernardo B.N. Strassburg, Agnieszka E. Latawiec, Luis G. Barioni, Carlos A. Nobre,
Vanderley P. da Silva, Judson F. Valentim, Murilo Vianna, Eduardo D. Assad. When
enough should be enough: Improving the use of current agricultural lands could meet
production demands and spare natural habitats in Brazil. Global Environmental
Change, vol. 28, pág. 84-97, 2014. Available on: http://www.sciencedirect.com/
science/article/pii/S0959378014001046
Bloomberg. Amazon River Soy Route Seen Extending Brazil Lead on U.S. Jan 10, 2014.
Available on: http://www.bloomberg.com/news/2014-01-10/amazon-soy-route-seenextending-brazil-lead-on-u-s-commodities.html
B. Soares-Filho, R. Rajao, M. Macedo, A. Carneiro, W. Costa, M. Coe, H. Rodrigues,
A. Alencar. Materiais Suplementares para: Cracking Brazil’s Forest Code. Science, 344
(6182): 363 DOI: 10.1126/science.1246663, 2014.
Brazil’s Deforestation Quagmire. Julho de 2011. Conselho de Assuntos Hemisféricos.
Available on: http://www.coha.org/brazil%e2%80%99s-deforestation-quagmire/#_
ftn2.
Ibá (Indústria Brasileira de Árvores). 2014. Available on: http://www.bracelpa.org.br/
shared/iba_2014_pt.pdf.
Monitoramento da Floresta Amazônica Brasileira por Satélite Instituto Nacional de
Pesquisas Espaciais (INPE). Available on: http://www.obt.inpe.br/prodes/index.php.
MAPA (Ministério da Agricultura, Pecuária e Abastecimento). 2013. Pecuária
brasileira reduz área e dobra produção em 36 anos. Available on: http://www.
agricultura.gov.br/animal/noticias/2013/02/pecuaria-brasileira-reduz-area-e-dobraproducao-em-36-anos.
Mata Atlântica. WWF. Available on: http://wwf.panda.org/about_our_earth/
ecoregions/atlantic_forests.cfm.
New Generation Plantations (NGP) Platform. 2014. Available on: http://
newgenerationplantations.org/ .
USAID Country Profile Property Rights and Resource Governance Brazil. USAID.
2010. Available on: http://usaidlandtenure.net/sites/default/files/country-profiles/fullreports/USAID_Land_Tenure_Brazil_Profile.pdf.
p. 56
Additional
reading
Amazon. WWF. http://www.worldwildlife.org/places/amazon.
Atlantic Forests. WWF. http://wwf.panda.org/about_our_earth/ecoregions/
atlantic_ forests.cfm.
Atlantic Forests Restoration Pact (Pacto de Restauração da Mata Atlantica),
a multi-stakeholder platform for restoration of the Atlantic Forests. http://
www. pactomataatlantica.org.br/index.aspx?lang=pt-br
Bolsa Verde Rio. BVRio is a developing marketplace where by Environmental
Reserve Quotas (CRAs) can be exchanged. Based in Rio de Janeiro. http://
www.bvrio.org/site/ index.php/mercados/florestal/cotas-de-reservaambiental
Caatinga. WWF. http://www.worldwildlife.org/ecoregions/nt0106.
Cerrado, the Brazilian Savanna. WWF. http://wwf.panda.org/what_we_do/
where_ we_work/cerrado/.
CAR (The Rural Environmental Registry). www.car.gov.br.
Forestry Observatory. www.observatorioflorestal.org.br.
he Brazilian Institute of Environment and Renewable Natural Resources
T
(IBAMA). www.ibama.gov.br
he Brazilian Institute of Geography and Statistics (IBGE). http://www.ibge.
T
gov.br/home/
Ministry of the Environment. Priority Biodiversity Conservation Areas.
Evaluation and identification of priority areas and actions for conservation,
sustainable use of biodiversity benefits in Brazilian Biomes. (AVALIAÇÃO
e identificação de áreas e ações prioritárias para a conservação, utilização
sustentável e repartição dos benefícios da biodiversidade nos biomas
brasileiros). Brasília: Ministério do Meio Ambiente. Secretaria de
Biodiversidade e Florestas (MMA/SBF). 2002.404 p. http://www.mma. gov.
br/estruturas/chm/_arquivos/biodivbr.pdf
Ministry of the Environment. www.mma.gov.br
Pantanal. WWF. http://wwf.panda.org/about_our_earth/teacher_resources/
best_ place_species/current_top_10/pantanal.cfm
Planalto. Atlantic Forest Law. Lei da Mata Atlântica. http://migre.me/goUY1
Planalto. Complete Forest Code (no. 12.651/2012). http://www.planalto.gov.br/
ccivil_03/_ato2011-2014/2012/lei/l12651.htm
p. 57
Recursos Adicionais
Planalto. Decree no. 7.830/2012, which regulates CAR and other important
components. http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2012/
Decreto/ D7830.htm
SOS Mata Atlântica. www.sosma.org.br
he Banking Environment Initiative (BEI). http://www.cisl.cam.ac.uk/
T
BusinessPlatforms/Banking-Environment-Initiative.aspx
The Global Roundtable for Sustainable Beef (GRSB). http://grsbeef.org/
he Roundtable on Responsible Soy (RTRS). http://www.responsiblesoy.
T
org/?lang=en
Zero Net Deforestation. WWF’s goal of Zero Net Deforestation by 2020.
http://wwf. panda.org/what_we_do/how_we_work/conservation/forests/
zeronetdeforestation/
© WWF / adriano gambarini
p. 58
Governments and
international agencies
should ensure that trade of
Brazilian agricultural and
forest products occurs only
when legally produced, and,
preferably, in accordance with
recognized sustainability
standards.
The financial sector
has a fundamental role as driver of change
and in promoting the use by rural producers
of better practices, through adoption of social
and environmental lending criteria.
Por que estamos aqui
Para frear a degradação do meio ambiente
e para construir um futuro no qual os seres humanos
vivam em harmonia com a natureza.
www.panda.org/amazon
© 1986 Símbolo Panda WWF
® “WWF” é uma marca registrada da rede WWF
Iniciativa Amazônia Viva e WWF Brasil
SHIS EQ QL 6/8, Conjunto E – CEP 71620-430, Brasília, DF – (55 + 61) 3364-7497
Buyers of commodities
and consumer companies should take on the
role of drivers for legal compliance in order to
avoid contamination in their supply chains,
and should use their conditions to support
the implementation of better practices and
zero net deforestation and degradation.
Engagement
of the international
community, the national
public sector, and the
private sector will
determine the success of
the Forest Code qualified
implementation.
GUIA
BR
2015

Brazil`s new Forest Code

Transcription

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